sdj-1st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
THIRD EXTRAORDINARY SESSION, 2009
FIRST DAY
____________
Charleston, W. Va.,
Tuesday, August 11, 2009
Pursuant to the proclamation of His Excellency, the Governor,
the Honorable Joe Manchin III, dated the eleventh day of August,
two thousand nine, convening the seventy-ninth Legislature of West
Virginia in extraordinary session today (Tuesday, August 11, 2009),
under the provisions of section seven, article seven of the
Constitution of West Virginia, the Senate assembled in its chamber
in the state capitol in the City of Charleston at 5:30 p.m., and
was called to order by its President, the Honorable Earl Ray
Tomblin.
Prayer was offered by the Honorable Mike Hall, a senator from
the fourth district.
On the call of the roll, the following answered to their
names:
Senators Barnes, Boley, Bowman, Browning, Caruth, Chafin,
Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White,
Williams, Yost and Tomblin (Mr. President).
Thirty-two members having answered to their names, the
President declared the presence of a quorum.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following proclamation from His Excellency, the Governor, convening
the Legislature in extraordinary session, which was read by the
Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
CHARLESTON
A P R O C L A M A T I O N
By the Governor
I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, by
virtue of the authority vested in me by Section 7, Article VII of
the Constitution of West Virginia, do hereby call the Legislature
of West Virginia to convene in Extraordinary Session at five-thirty
p.m. on the eleventh day of August, two thousand nine, in its
chambers in the State Capitol, City of Charleston, for the sole
purpose of considering and acting upon the following matters:
FIRST: Legislation relating to extended unemployment
compensation benefits; temporarily adopting a state "on" indicator based on the average rate of total unemployment; and adopting other
amendments to qualify for additional federal moneys available for
extended unemployment compensation benefits, as authorized by the
American Recovery and Reinvestment Act of 2009.
SECOND: Legislation relating to authorizing the Governor to
order the payment of a one-time salary enhancement to certain full-
time public employees in any fiscal year that the Legislature
appropriates moneys for such purpose; specifying that a one-time
salary enhancement may not be construed to increase the base salary
of a public employee; specifying that the payment of a one-time
salary enhancement within any fiscal year is not guaranteed; and
providing for disbursement of a one-time salary enhancement in a
lump-sum payment.
THIRD: A supplemental appropriation bill appropriating
$5,000,000.00 to fund 3174, fiscal year 2010, organization 0307, of
the Department of Commerce, West Virginia Development Office
Broadband Deployment Fund account.
FOURTH: A supplemental appropriation bill appropriating
$2,500,000.00 to fund 0420, fiscal year 2010, organization 0508, of
the Bureau of Senior Services account.
FIFTH: A supplemental appropriation bill expiring
$29,000,000.00 from fund 7203, fiscal year 2010, organization 0705,
of the Lottery Commission - Video Lottery Income Fund account to
the unappropriated surplus balance in General Revenue and appropriating $34,700,000.00 to fund 0595, fiscal year 2010,
organization 0703, of the State Budget Office account, all for the
purpose of funding a one-time salary enhancement for certain full-
time public employees.
SIXTH: A supplemental appropriation bill appropriating
$169,000.00 to fund 0101, fiscal year 2010, organization 0100, of
the Governor's Office account.
SEVENTH: Legislation to authorize and appropriate the
expenditure of public moneys to pay the expenses of this
Extraordinary Session.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
Great Seal of the State of West Virginia to be affixed.
DONE at the Capitol in the City of
Charleston, State of West
Virginia, on this the eleventh
day of August, in the year of our
Lord, Two Thousand Nine, and in
the One Hundred Forty-Seventh
year of the State.
JOE MANCHIN III,
Governor.
By the Governor:
NATALIE E. TENNANT,
Secretary of State.
Senator Chafin offered the following resolution:
Senate Resolution No. 301--Raising a committee to inform the
House of Delegates the Senate has assembled in extraordinary
session.
Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled in
extraordinary session, with a quorum present, and is ready to
proceed with the business for which the extraordinary session was
called by His Excellency, the Governor.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators D. Facemire, Williams and K. Facemyer.
Subsequently, Senator D. Facemire, from the committee to
notify the House of Delegates the Senate has assembled in
extraordinary session, and is ready to proceed with the business of
the session, announced that the committee had discharged its
duties.
A message from the House of Delegates, by
Delegates Stowers, Hall and Sumner, announced that the House of Delegates has assembled in extraordinary session, with a quorum
present, and is ready to proceed with the business stated in the
proclamation convening the Legislature.
Senator Chafin then offered the following resolution:
Senate Resolution No. 302--Raising a committee to wait upon
the Governor.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a similar committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that at his call the Legislature has assembled in extraordinary
session, with a quorum of each house present; and is ready to
receive any communication or message he may be pleased to present
under section seven, article seven of the Constitution of West
Virginia, which provides that no business except that stated in his
proclamation be considered.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee the following:
Senators Prezioso, Stollings and Guills.
A message from the House of Delegates, by
Delegates Campbell, Moore and Schadler, announced that the
Speaker had appointed them a committee of three to join with a
similar committee on the part of the Senate to wait upon the
Governor, under the provisions of Senate Resolution No. 302.
Senate and House members of this select committee then proceeded to
the executive offices.
Subsequently, Senator Prezioso reported that the joint Senate
and House committee had performed the duty assigned to it.
The Clerk presented a communication from the Division of
Forestry, submitting its annual Outdoor Heritage Conservation Fund
report, in accordance with chapter five-b, article two-g, section
six of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Department of Revenue, submitting its annual Public Employees
Insurance Reserve Fund report as required by chapter eleven-b,
article two, section fifteen of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
Executive Communications
The following communication from His Excellency, the Governor,
was reported by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
August 10, 2009
Senate Executive Message No. 1
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
The following replaces the "General Revenue Fund - Statement
of Revenues, Expenditures and Changes in Cash Balance" which I
submitted to you on June 15, 2009, as part of my recommended Budget
for the fiscal year ending June 30, 2010.
General Revenue Fund
Statement of Revenues, Expenditures
and Changes in Cash Balance
Actual Cash Balance July 1, 2009$ 480,786,872
Less:31 Day Disbursements (July 1, 2009 - July 31, 2009) (26,034,028 )
Accumulated Prior Year Reimbursements (July 1, 2009 - July 31, 2009) 4,519
Prior Year Appropriations Forwarded__________(432,621,481)
Accumulated Surplus from FY 2009 @ July 31, 2009$ 22,135,882
Less:Transfer one-half to Revenue Shortfall Reserve Fund (Statutory) (11,067,941)
Plus:Accumulated Prior Year Reimbursements (August 1, 2009 - August 10, 2009) 72,570
Plus:Recommended Expired from Excess Lottery Fund (2009 3rd Special Session) 29,000,000
Less:Recommended Surplus Supplemental Appropriations (2009 3rd Special Session) ____(37,369,000)
Estimated Unappropriated Surplus Balance from FY 2009 @ June 30, 2010 $ 2,771,511
Plus:Revenue Estimate FY 2010$ 3,788,000,000
Less:Regular Appropriations FY 2010__________( 3,785,976,953)
Estimated Unappropriated Balance from FY 2010 @ June 30, 2010 $ 2,023,047
Estimated Cash (Unappropriated) Balance @ June 30, 2010 $_ 4,794,558
Thank you for your cooperation in this matter.
Sincerely,
Joe Manchin III,
Governor.
In compliance with Article VI, Section 51 of the Constitution,
the Senate consented to receive the foregoing amendments to the
Budget Bill, which were referred to the Committee on Finance.
Senator Tomblin (Mr. President) then laid before the Senate
the following communication from His Excellency, the Governor,
consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
August 11, 2009
Senate Executive Message No. 2
TO: The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your
advice and consent:
1. For Member, Fire Commission, Carl Sizemore, Mineral
Wells, Wood County, for the term ending June 30, 2013.
2. For Member, Fire Commission, Virgil White, South
Charleston, Kanawha County, for the term ending June 30, 2012.
3. For Member, Fire Commission, Dale Clayton, Fairmont,
Marion County, for the term ending June 30, 2011.
4. For Member, Fire Commission, Randy James, Gassaway,
Braxton County, for the term ending June 30, 2012.
5. For Member, Fire Commission, Ted Shriver, Charleston,
Kanawha County, for the term ending June 30, 2012.
6. For Member, Board of Optometry, Dr. James Campbell, New
Martinsville, Wetzel County, for the term ending June 30, 2009.
7. For Member, Workforce Investment Council, Russell Fry,
Charleston, Kanawha County, for the term ending June 30, 2012.
8. For Member, Forest Management Review Commission, The
Honorable James Willison, Sistersville, Tyler County, for the term
ending March 14, 2015.
9. For Member, Fire Commission, Robert Sullivan,
Barboursville, Cabell County, for the term ending June 30, 2014.
10. For Member, Board of Control for Southern Regional
Education Board, The Honorable Thomas Campbell, Lewisburg,
Greenbrier County, for the term ending June 30, 2013.
11. For Member, Contractor Licensing Board, The Honorable John Pino, Oak Hill, Fayette County, for the term ending June 30,
2013.
12. For Member, Board of Optometry, Dr. James Campbell, New
Martinsville, Wetzel County, for the term ending June 30, 2012.
13. For Member, Commission on the Arts, DeEtta King Hunter,
Lewisburg, Greenbrier County, for the term ending June 30, 2012.
14. For Member, Health Enhancement and Lifestyle Planning
Advisory Council, Amanda Pasdon, Morgantown, Monongalia County, for
the term ending June 30, 2013.
15. For Member, Health Enhancement and Lifestyle Planning
Advisory Council, Gary Johnson, Baker, Hardy County, for the term
ending June 30, 2013.
16. For Member, Health Enhancement and Lifestyle Planning
Advisory Council, Angela Vance, Charleston, Kanawha County, for the
term ending June 30, 2012.
17. For Member, Health Enhancement and Lifestyle Planning
Advisory Council, Denise Campbell, Elkins, Randolph County, for the
term ending June 30, 2013.
18. For Member, Health Enhancement and Lifestyle Planning
Advisory Council, Dr. David Avery, Vienna, Wood County, for the
term ending June 30, 2013.
19. For Member, Health Enhancement and Lifestyle Planning
Advisory Council, Karen Bowling, Beckley, Raleigh County, for the term ending June 30, 2013.
20. For Member, Health Enhancement and Lifestyle Planning
Advisory Council, Dr. Steven Sebert, Barboursville, Cabell County,
for the term ending June 30, 2010.
21. For Member, Health Enhancement and Lifestyle Planning
Advisory Council, Brandon Tinney, Charleston, Kanawha County, for
the term ending June 30, 2012.
22. For Member, Health Enhancement and Lifestyle Planning
Advisory Council, Ryan Ferns, Wheeling, Ohio County, for the term
ending June 30, 2013.
23. For Member, West Virginia University Board of Governors,
Diane Lewis, Morgantown, Monongalia County, for the term ending
June 30, 2013.
24. For Member, West Virginia University Board of Governors,
John Mattern, Fairmont, Marion County, for the term ending June 30,
2013.
25. For Member, West Virginia University Board of Governors,
Dr. Thomas Samuel Clark, Bruceton Mills, Preston County, for the
term ending June 30, 2013.
26. For Member, Natural Resources Commission, David Milne,
Bruceton Mills, Preston County, for the term ending June 30, 2016.
27. For Member, Natural Resources Commission, Dr. Thomas
Dotson, White Sulphur Springs, Greenbrier County, for the term ending June 30, 2011.
28. For Member, Investment Management Board of Trustees,
Frank Oates, Morgantown, Monongalia County, for the term ending
January 31, 2011.
29. For Member, Investment Management Board of Trustees,
Randy Snider, Parkersburg, Wood County, for the term ending January
31, 2011.
30. For Member, Investment Management Board of Trustees, Guy
Bucci, Charleston, Kanawha County, for the term ending January 31,
2013.
31. For Member, Investment Management Board of Trustees, Rob
Alsop, Charleston, Kanawha County, for the term ending January 31,
2013.
32. For Member, Public Employees Insurance Agency Finance
Board, James Dailey II, Martinsburg, Berkeley County, for the term
ending June 30, 2013.
33. For Member, Public Employees Insurance Agency Finance
Board, John Ruddick, Hurricane, Putnam County, for the term ending
June 30, 2010.
34. For Member, Public Employees Insurance Agency Finance
Board, Troy Giatras, Charleston, Kanawha County, for the term
ending June 30, 2013.
35. For Member, Kanawha Valley Community and Technical College Board of Governors, Bradley Shafer, Clendenin, Kanawha
County, for the term ending June 30, 2012.
36. For Member, Board of Examiners of Psychologists, Terri
Sigley, Morgantown, Monongalia County, for the term ending June 30,
2012.
37. For Member, Board of Examiners of Psychologists, Dr. Tina
Yost, Fairmont, Marion County, for the term ending June 30, 2012.
38. For Member, Board of Examiners of Psychologists, Michael
Folio, Hurricane, Putnam County, for the term ending June 30, 2012.
39. For Member, Statewide Independent Living Council, Scott
Adkins, St. Albans, Kanawha County, for the term ending June 30,
2012.
40. For Member, Statewide Independent Living Council, Erick
Dowdy, Huntington, Cabell County, for the term ending June 30,
2012.
41. For Member, Statewide Independent Living Council, Nathan
Parker, Huntington, Cabell County, for the term ending June 30,
2012.
42. For Member, Statewide Independent Living Council, Anne
Weeks, Huntington, Cabell County, for the term ending June 30,
2012.
43. For Member, Statewide Independent Living Council, Darla
Ervin, Morgantown, Monongalia County, for the term ending June 30, 2012.
44. For Member, Statewide Independent Living Council, Kevin
Maynus, Beckley, Raleigh County, for the term ending June 30, 2012.
45. For Member, Statewide Independent Living Council, Joyce
Floyd, Elkins, Randolph County, for the term ending June 30, 2012.
46. For Member, Library Commission, Dennis Taylor, Winfield,
Putnam County, for the term ending June 30, 2010.
47. For Member, Library Commission, Mary Bland Strickland,
Glenville, Gilmer County, for the term ending June 30, 2011.
48. For Member, Library Commission, Katy White, Charleston,
Kanawha County, for the term ending June 30, 2011.
49. For Member, Library Commission, Betty Gunnoe,
Martinsburg, Berkeley County, for the term ending June 30, 2012.
50. For Member, Library Commission, Dennis Altizer, War,
McDowell County, for the term ending June 30, 2013.
51. For Member, Library Commission, Connie Shumate,
Princeton, Mercer County, for the term ending June 30, 2013.
52. For Member, Library Commission, David Dalzell,
Moundsville, Marshall County, for the term ending June 30, 2013.
53. For Member, Library Commission, Dr. Charles Julian,
Wheeling, Ohio County, for the term ending June 30, 2012.
54. For Member, West Virginia University Institute of
Technology Community and Technical College Board of Governors, Mildred Shelton, Oak Hill, Fayette County, for the term ending June
30, 2013.
55. For Member, Board of Examiners in Counseling, Marilyn
Cassis, Charleston, Kanawha County, for the term ending June 30,
2014.
56. For Member, Fire Commission, Thomas Keefer, Winfield,
Putnam County, for the term ending June 30, 2011.
57. For Member, Consolidated Public Retirement Board, David
Wyant, Wheeling, Ohio County, for the term ending June 30, 2013.
58. For Member, Commission on the Arts, Max Armentrout,
Elkins, Randolph County, for the term ending June 30, 2012.
59. For Member, Board of Physical Therapy, John Spiker,
Morgantown, Monongalia County, for the term ending June 30, 2014.
60. For Member, Board of Physical Therapy, Lesleigh Barber-
Sprouse, Charleston, Kanawha County, for the term ending June 30,
2013.
Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee on Confirmations.
On motion of Senator Stollings, consideration of the
nominations immediately hereinbefore reported was made a special
order of business under unfinished business for tomorrow,
Wednesday, August 12, 2009.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced and read by their titles:
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 3001--A Bill to amend and reenact §21A-6A-1,
§21A-6A-5 and §21A-6A-6 of the Code of West Virginia, 1931, as
amended, all relating to extended unemployment compensation
benefits; providing for a temporary state "on" indicator based on
the average rate of total unemployment; providing for temporary
increases in the extended benefit period and total extended benefit
amount during a high unemployment period; making technical
amendments throughout; and correcting nomenclature throughout.
At the request of Senator Chafin, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--32.
The nays were: None.
Absent: Palumbo and Plymale--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 3001 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Palumbo and Plymale--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3001) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Palumbo and Plymale--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3001) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 3002--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-5-7, relating to one-time salary enhancements;
authorizing the Governor to order the payment of a one-time salary
enhancement to certain public employees in any fiscal year that the Legislature has appropriated moneys for such purpose; providing for
disbursement of the salary enhancement; and defining terms.
At the request of Senator Chafin, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--32.
The nays were: None.
Absent: Palumbo and Plymale--2.
The bill (S. B. No. 3002) was read a second time.
On motion of Senator Kessler, the following amendment to the
bill was reported by the Clerk and adopted:
On page two, section seven, line eight, after the word
"Governor" by striking out the comma and the words "but within the
limits of moneys appropriated by the Legislature,".
The bill, as amended, was ordered to engrossment and third
reading.
Engrossed Senate Bill No. 3002 was then read a third time and
put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 3002
pass?"
On the passage of the bill, the yeas were: Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--30.
The nays were: Barnes and Sypolt--2.
Absent: Palumbo and Plymale--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3002) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Browning,
Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: Barnes and Sypolt--2.
Absent: Palumbo and Plymale--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3002) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Caruth, and by unanimous
consent, the remarks by Senator Barnes regarding the passage of
Engrossed Senate Bill No. 3002 were ordered printed in the Appendix
to the Journal.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 3003--A Bill making a supplementary
appropriation from the balance of moneys remaining unappropriated
for the fiscal year ending June 30, 2010, to the Department of
Commerce - West Virginia Development Office - Broadband Deployment
Fund, fund 3174, fiscal year 2010, organization 0307, by
supplementing and amending chapter 10, Acts of the Legislature,
regular session, 2009, known as the Budget Bill.
At the request of Senator Chafin, unanimous consent being
granted, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--32.
The nays were: None.
Absent: Palumbo and Plymale--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 3003 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Palumbo and Plymale--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3003) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Palumbo and Plymale--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3003) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 3004--A Bill expiring funds to the
unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2010, in the amount of
$29,000,000 from the Lottery Commission - Video Lottery Income
Fund, fund 7203, fiscal year 2010, organization 0705, and making a
supplementary appropriation of public moneys out of the Treasury
from the balance of moneys remaining as an unappropriated surplus
balance in the State Fund, General Revenue, to the Governor's
Office, fund 0101, fiscal year 2010, organization 0100, to the
Department of Revenue - State Budget Office, fund 0595, fiscal year
2010, organization 0703, and to the Bureau of Senior Services, fund
0420, fiscal year 2010, organization 0508, by supplementing and
amending the appropriations for the fiscal year ending June 30,
2010.
At the request of Senator Chafin, unanimous consent being
granted, reference of the bill to a committee was dispensed with,
and it was taken up for immediate consideration, read a first time
and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--32.
The nays were: None.
Absent: Palumbo and Plymale--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 3004 was then read a third time and
put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 3004
pass?"
On the passage of the bill, the yeas were: Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: Barnes--1.
Absent: Palumbo and Plymale--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3004) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Browning,
Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: Barnes--1.
Absent: Palumbo and Plymale--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 3004) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Caruth, and by unanimous
consent, the remarks by Senators Barnes and Helmick regarding the
passage of Engrossed Senate Bill No. 3004 were ordered printed in
the Appendix to the Journal.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, August 12, 2009, at 11 a.m.
____________
SENATE CALENDAR
Wednesday, August 12, 2009
11:00 A.M.
_________
UNFINISHED BUSINESS
_________
SPECIAL ORDER OF BUSINESS
Consideration of executive nominations
__________
ANNOUNCED SENATE MEETINGS
Third Extraordinary Session 2009
__________
Wednesday, August 12, 2009
Confirmations Committee:
10:30 a.m. (Room No. 208W)
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